Is there a law related to inheritance in Pakistan

Inheritance is the process of passing on property, money, and other assets from a deceased person to their heirs. It is an important part of many people’s lives, as it can provide financial stability and security for loved ones after someone passes away. However, passing on an inheritance can be difficult if you do not have a will. This is why it’s important to create a will and make sure that your wishes are known so that an inheritance can be passed on appropriately. Inheritance is not only important for an individual’s family but also for society as a whole. It helps to ensure that the wealth and assets of the deceased are passed down in a way that benefits society.

There is no universal “one size fits all ” inheritance law in Pakistan, which means that there is no legal framework in place to govern how property and assets are passed on after someone dies. This can often lead to conflict within families, as different members may have different ideas about what should happen to the deceased’s belongings. According to Islam, the deceased’s estate should be divided among their children and other heirs. However, this does not always happen in practice. There are a number of common problems that can arise when it comes to inheritance in Pakistan. One of the most common is the failure of relatives to agree on how assets should be divided, which can lead to lengthy and costly legal battles. Another problem is the sometimes unscrupulous way in which some relatives may seek to profit from someone’s death.

Without a legal framework in place, it can be difficult to resolve these disputes. This can be especially troublesome if the deceased did not leave behind a will detailing their wishes for their property. In these cases, it is often up to the family to come to an agreement about how to divide the deceased’s assets. If you are the beneficiary of a deceased estate, and you have concerns about how the assets will be divided and distributed, your best option is to consult with an attorney. An attorney can help you navigate this difficult process while protecting your rights and interests.

How are Assets Divided?

When it comes to dividing assets, there are two primary methods: per capita and per stirpes. Per capita is the method that divides the assets equally among all of the beneficiaries. This method is used when only one person dies. Per stirpes is the method that divides assets to all of the beneficiaries through a common ancestor. This method is used when more than one person dies. The value of each beneficiary’s inheritance depends on whether per capita or per stirpes is selected as the dividing method. When dividing assets between multiple beneficiaries, the value of each inheritance will not be equal. The value of your inheritance depends on whether per capita or per stirpes is selected as the dividing method.

What Should the Will Cover?

There are a few general principles that govern the distribution of an individual’s estate. The first principle is that all debts and liabilities must be paid off before any assets are distributed. The second principle is that assets are generally distributed equally among all heirs. The third principle is that certain types of property, such as jewelry and clothing, may be distributed according to the wishes of the deceased. What if a person has no heirs? If a person dies without any living heirs, the estate passes to the state. What are some common problems that may arise when creating a will? The most common problem in creating a will is that people often fail to think about the possibility of future changes. For example, many people fail to consider what would happen if they were to get married or divorced. Another common problem is that people make a will without consulting with an attorney, and the will turns out to be invalid. If a person dies without a valid will, the estate usually passes according to state law.

What is a trust?

A trust is a legal agreement that transfers property from one person (the “grantor”) to another person (the “trustee”) for the benefit of a third person (the “beneficiary”). A trust is created when the grantor transfers ownership and possession of the property to a trustee. The trustee can then use the property for the benefit of the beneficiary. Trusts are often used to manage property for minors or people who are too ill or incapacitated to handle their own affairs.

It is important to note that these principles are not set in stone and may vary depending on the circumstances of each individual case. Therefore, it is advisable to consult with an attorney or other legal expert before making any decisions about how to distribute an estate.

What Is the Legal Status of Inheritance in Pakistan?

There is no federal inheritance law in Pakistan. Each province has its own laws governing inheritance, which are generally based on Islamic principles.

Under Pakistani law, a Muslim may not inherit property from a non-Muslim, and a male may not inherit property from a female. The distribution of an estate among heirs is governed by the Quran and the Hadith (sayings of the Prophet Muhammad). Under the Islamic law of succession, a deceased person’s estate is distributed among his or her heirs in accordance with the following: The Quran divides the estate into three parts. One part goes to the deceased’s spouse and children. Another part goes to the deceased’s parent if any. The final part (called the “residue”) goes to the deceased’s close relatives. The Quran specifies that the distribution of the residue is to be equal among all the surviving heirs, both male and female. However, if there are no surviving heirs, such as when a person dies intestate without any children or parents, then the entire estate goes to charity.

Generally, the estate of a deceased person is divided into two parts: one for the immediate family and one for charity. The immediate family includes the spouse, children, parents, and grandparents. Charity consists of anyone who is not included in the immediate family. The Quran specifies that the distribution of the residue is to be equal among all the surviving heirs, male and female. However, if there are no surviving heirs, such as when a person dies intestate without any children or parents, then the entire estate goes to charity.

Inheritance According to Quran and Hadith (Sayings of The Prophet Muhammad S.A.W.W)

Hadith (Sayings of The Prophet Muhammad S.A.W.W)

Volume 8, Book 80, Number 724: Narrated Ibn ‘Abbas:

The Prophet said, “Give the Fara’id (the shares of the inheritance that are prescribed in the Qur’an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased.”

Volume 8, Book 80, Number 725: Narrated Sa’d bin Abi Waqqas:

I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, “O Allah’s Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?” He said, “No.” I said, “Half of it?” He said, “No.” I said, “One-third of it?” He said, “You may do so) though one-third is also too much, for it is better for you to leave your offspring wealthy than to leave them poor, asking others for help. And whatever you spend (for Allah’s sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife.” I said, “O Allah’s Apostle! Will I remain behind and fail to complete my emigration?” The Prophet said, “If you are left behind after me, whatever good deeds you will do for Allah’s sake, that will upgrade you and raise you high. Maybe you will have long life so that some people may benefit from you and others (the enemies) be harmed by you.” But Allah’s Apostle felt sorry for Sa’d bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa’d bin Khaula was a man from the tribe of Bani ‘Amir bin Lu’ai.)

Volume 8, Book 80, Number 727: Narrated Ibn ‘Abbas:

Allah’s Apostle said, “Give the Fara’id (shares prescribed in the Qur’an) to those who are entitled to receive it; whatever remains, should be given to the closest male relative of the deceased.’

Volume 8, Book 80, Number 728: Narrated Huzail bin Shirahbil:

Abu Musa was asked about (the inheritance of) a daughter, a son’s daughter, and a sister. He said, “The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas’ud, he will tell you the same.” Ibn Mas’ud was asked and told of Abu Musa’s verdict. Ibn Mas’ud then said, “If I give the same verdict, I would stray and would not be of the rightly guided. The verdict I will give, in this case, will be the same as the Prophet did, i.e. one-half is for the daughter, and one-sixth for the son’s daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister.” Afterward, we came to Abu Musa and informed him of Ibn Mas’ud’s verdict, whereupon he said, “So, do not ask me for verdicts, as long as this learned man is among you.”

Volume 8, Book 80, Number 729: Narrated Ibn ‘Abbas:

The Prophet said, “Give the Fara’id, (the shares prescribed in the Qur’an) to those who are entitled to receive it, and then whatever remains, should be given to the closest male relative of the deceased.”

According to Holy Quran

Teachings of Surah e Nisa

In verse 11 of Surah Nisa’a, Allah says:

Allah commands you regarding your children: the share of the male will be twice that of the female.1 If you leave only two ˹or more˺ females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring.2 But if you are childless and your parents are the only heirs, then your mother will receive one-third.3 But if you leave siblings, then your mother will receive one-sixth4—after the fulfillment of bequests and debts.5 ˹Be fair to˺ your parents and children, as you do not ˹fully˺ know who is more beneficial to you.6 ˹This is˺ an obligation from Allah. Surely Allah is All-Knowing, All-Wise.

In verse 12 of Surah Nisa’a, Allah says:

You will inherit half of what your wives leave if they are childless. But if they have children, then ˹your share is˺ one-fourth of the estate—after the fulfillment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfillment of bequests and debts. And if a man or a woman leaves neither parents nor children but only a brother or a sister ˹from their mother’s side˺, they will each inherit one-sixth, but if they are more than one, they ˹all˺ will share one-third of the estate1—after the fulfillment of bequests and debts without harm ˹to the heirs˺.2 ˹This is˺ a commandment from Allah. And Allah is All-Knowing, Most Forbearing.

In verse 176 of Surah Nisa’a, Allah says:

They ask you ˹for a ruling, O Prophet˺. Say, “Allah gives you a ruling regarding those who die without children or parents.” If a man dies childless and leaves behind a sister, she will inherit one-half of his estate, whereas her brother will inherit all of her estates if she dies childless. If this person leaves behind two sisters, they together will inherit two-thirds of the estate. But if the deceased leaves male and female siblings, a male’s share will be equal to that of two females. Allah makes ˹this˺ clear to you so you do not go astray. And Allah has perfect knowledge of all things.

How do Pakistani Courts Deal with Inheritance Disputes?

In Pakistan, there is no one clear inheritance law that applies to everyone. Instead, the courts must adjudicate disputes based on the laws of different religions. The largest religious groups in Pakistan are Islam, Hinduism, and Christianity, and each has its own rules about inheritance.

Islam is by far the largest religion in Pakistan, and so Islamic inheritance law is often applied in court cases. Under Islamic law, the property is typically divided equally among a deceased person’s male heirs. However, there are some circumstances in which female heirs may receive a larger share.

Hinduism is the second largest religion in Pakistan, and Hindus have their own system of inheritance laws. In general, the property is passed down from parents to their children, with sons receiving slightly more than daughters. However, there are some circumstances in which daughters can inherit more than sons.

Main Obstacles to Enforcing an Inheritance Claim in Pakistan

There are several obstacles to enforcing an inheritance claim in Pakistan. Firstly, there is no clear and codified law on the subject. Secondly, even if there is a will, it may not be legally binding unless it is registered with the relevant authorities. Thirdly, Pakistani courts have a backlog of cases and are often reluctant to hear cases involving inheritance claims. Fourthly, many Pakistani families prefer to resolve such matters through mediation or arbitration rather than through the courts. Fifthly, even if a court does rule in favor of an inheritance claim, enforcing the ruling can be difficult due to the lack of cooperation from family members or other stakeholders. Finally, corruption is rife in Pakistan and this can make it very difficult to enforce an inheritance claim even if all other obstacles are overcome. The Pakistani Supreme Court has recognized the importance of strengthening women’s rights in inheritance cases. In 2010 it ruled that a woman had a right to inherit property from her father and brothers, even if they did not have any children. This decision is expected to help thousands of women who have been denied inheritance in the past. However, it has not yet been implemented and a high number of cases are still being heard by the courts.

What Needs to be Done to Improve the Inheritance Law in Pakistan?

Pakistan has a complex inheritance law that is governed by Sharia, or Islamic law. The Sharia dictates how property and assets are to be divided amongst heirs, and this can often lead to conflict and dispute amongst family members. While the law is not always followed perfectly, it does provide a framework for how inheritances should be handled in Pakistan. To reform the law and make it more effective, there is a need for educational programs that educate people about the inheritance law. There also needs to be greater coordination between judges, lawyers, and families to ensure cases are handled efficiently.

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